Los Angeles Municipal Code Art. 6 Garbage, Refuse Collection

Section 66.00 Definitions. 66.00.1 Solid Waste Services. 66.01 Solid Waste Collection. 66.02 Solid Waste Container Specifications. 66.03 Solid Waste Service Required. 66.04 Requirements for Commercial Edible Food Generators. 66.05 Requirements for Food Recovery Organizations and Services. 66.06 Inspection and Investigation. 66.07 Enforcement. 66.08.1 Solid Waste Disposal Facility Franchises or Contracts. 66.08.3 Operation of Solid Waste Disposal Facilities. 66.08.4 Solid Waste Disposal Franchise Terms and Conditions. 66.08.5 Solid Waste Disposal Facility Franchise Fees. 66.08.6 Other Solid Waste Disposal Facility Franchise Provisions. 66.17.1 Proof of Solid Waste Collection Service. 66.23 Solid Waste Vehicles – Use of Streets. 66.24 Replacing Fallen Material. 66.25 Depositing Solid Waste on Streets or in the Los Angeles River Prohibited. 66.27 Rules and Regulations – Effect of Non-compliance With. 66.28 Solid Waste – Tampering With. 66.29 City Employees – Use of Solid Waste. 66.31 Used Container Salvage Yard.

Private Solid Waste Haulers and Recyclers

66.32 Purpose.

Franchises for the Collection, Transportation and Processing of Commercial and Multi-family Solid Waste

66.33 Purpose. 66.33.1 Definitions. 66.33.2 Exclusive Franchise for Collection Services. 66.33.3 Unlawful Activities. 66.33.4 Franchise Zones. 66.33.5 Franchise Agreement Fees. 66.33.6 Minimum Franchise Agreement Standards. 66.33.7 Subcontractor Information. 66.33.8 Revenue from Sale of Recylables. 66.33.9 Certification of Processing Facilities. 66.33.10 Permit Requirement. 66.33.11 Severability.

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

It shall be the duty of every owner, manager, or person in possession, charge or control of any commercial establishment, and every person occupying a residential premises within the City to provide, and at all times to keep containers for holding solid waste. Each container shall be constructed to be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling. Each such container and its cover shall be made of such materials as may be approved for such use by the Board and by the City Council. The cover shall not be removed except when necessary to place solid waste therein or to remove solid waste therefrom. Each container and its cover shall be kept cleaned on the outside from accumulating grease and decomposing material and shall be of an adequate size and in sufficient numbers to contain, without overflowing, all the solid waste that a household or other establishment generates within the designated removal period. Each such container when filled shall not exceed reasonable lifting weights for an average physically fit individual except where mechanical loading systems are used. Any such vessel, tank or receptacle shall comply with Part 1301 of Title 16 of the Code of Federal Regulations to the extent that such Part is applicable to any such vessel, tank or receptacle.

(Amended by Ord. No. 187,711, Eff. 1/18/23.)

(a) No Person shall keep any Solid Waste or allow any Solid Waste to remain upon any premises within the City for more than seven days, excluding Organics used for composting or mulch. All Solid Waste shall be placed in containers that meet the requirements of Section 66.02.

(b) A Person from whom the City collects Solid Waste, Recyclables, and/or Organics shall place Source- Separated Organic Waste in the green container, Source- Separated Recyclable Material and/or Commingled Recyclables in the blue container, and Solid Waste in the black container.

(c) Owners of Commercial Establishments and Multi-family Dwellings that do not receive Collection Services from the City, the generator of Solid Waste at such premises, or the agent of such owner or generator shall subscribe to and pay for Collection Services provided by a Solid Waste Hauler authorized to provide such services pursuant to the provisions of this article.

(d) The minimum level of service to which the owner, generator, or agent of non-City-serviced Commercial Establishments and Multi-family Dwellings shall subscribe shall be the number and size of Solid Waste containers suitable for Solid Waste collection, and the frequency of collection necessary for the removal and disposal of all Solid Waste generated at the premises, excluding Commingled Recyclables and Source- Separated Recyclable Material, in a seven-day period. Such minimum level of service shall be determined by the owner, generator, or agent and the Solid Waste Hauler. In the event the owner, generator, or agent and the Solid Waste Hauler do not agree on the minimum level of necessary service, such determination shall be made by the Director.

(e) All Commercial Establishments and Multi-family Dwellings shall have Collection Services for Source- Separated Recyclables and/or Commingled Recyclables and Source-Separated Organic Waste.

(f) Any Person generating Organic Waste but not receiving Collection Services from the City, and any Commercial Establishments or Multi-family Dwellings generating Organic Waste but not receiving Collection Services from the City, shall comply with requirements adopted pursuant to this article for the collection and recovery of Organic Waste by:

(1) Subscribing to and complying with the requirements of the Organic Waste Collection Services provided consistent with Section 66.33 of this Code;

(2) Self-hauling Organic Waste in a manner that complies with requirements as issued by the Bureau; or

(3) Obtaining a waiver of Organic Waste Collection Services if the Director develops and implements a generator waiver program, in accordance with 14 CCR Section 18984.11. The Director or the Director’s designee shall have discretion to grant any such waivers.

(g) A Person generating Organic Waste shall place Source-Separated Organic Waste in the green container, Source-Separated Recyclable Material and/or Commingled Recyclables in the blue container, and Solid Waste in the black container. No Person shall place Solid Waste in the blue container or green container.

(h) Nothing in this article prohibits a Person generating Solid Waste, Recyclables, and/or Organics from preventing or reducing waste generation, managing Organic Waste on-site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(i) A Commercial Establishment shall:

(1) Provide containers for the collection of Organic Waste and Recyclables in all areas where disposal containers are provided for the customers of the Commercial Establishment, except for restrooms. The containers provided by the Commercial Establishment shall have either:

(A) A body or lid that conforms with the container colors provided through the Organic Waste Collection Service; or

(B) A container label that complies with the requirements of 14 CCR Section 18984.8.

(2) Prohibit employees from placing Organic Waste in a container not designated to receive Organic Waste as set forth in 14 CCR Sections 18984.1(a)(5) and 18984.2(c).

(3) Periodically inspect Organic Waste containers for contamination and inform employees if containers are contaminated and of the requirement to only use those containers for Organic Waste.

(4) Annually provide written information to their employees, contractors, tenants, and customers about Organic Waste recovery requirements and about proper sorting of Source-Separated Organic Waste and Source-Separated Recyclable Material and/or Commingled Recyclables.

(5) Provide written educational information to new tenants no later than 14 days after their occupation of the premises describing requirements to keep Source-Separated Organic Waste and Source-Separated Recyclable Material and/or Commingled Recyclables separate from the black container (when applicable), and confirming the location of containers and the rules governing their use at each property.

(6) This Subsection (i) does not apply to Multi- family Dwellings.

(j) A Commercial Establishment is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever is earlier.

(k) If a Commercial Establishment does not generate any of the materials that would be collected in one type of container, then the Commercial Establishment need not provide that type of container in all areas where disposal containers are provided for customers.

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) A Tier One Commercial Edible Food Generator must comply with the requirements of this section beginning January 1, 2022, and a Tier Two Commercial Edible Food Generator must comply beginning January 1, 2024.

(b) A Large Venue or Large Event operator not providing food services, but allowing for food to be provided by others, shall require any Food Facility or Food Service Provider operating at the Large Venue or Large Event to comply with the requirements of this section, beginning January 1, 2024.

(c) A Commercial Edible Food Generator shall:

(1) Arrange to recover the maximum amount of Edible Food that would otherwise be discarded.

(2) Contract with or enter into a written agreement with a Food Recovery Organization or Food Recovery Service for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food

that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

(3) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

(4) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(A) A list of each Food Recovery Organization, Food Recovery Service, or other entity that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(C) A record of the following information for each Food Recovery Service, Food Recovery Organization, or other entity listed pursuant to Subsection 66.04(c)(4)(A):

(i) The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.

(ii) The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization.

(iii) The established frequency that food will be collected or self-hauled.

(iv) The quantity of food, measured in pounds recovered per month, collected by or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

(5) Submit reports as required by the Enforcement Agency, on provided forms, documenting the quantity of food, measured in pounds, recovered by, collected by, or self-hauled to a Food Recovery Service or

Food Recovery Organization for Food Recovery, and including other information as listed on the Enforcement Agency website.

(d) Nothing in this section requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

(e) Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, adding Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amending Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time).

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) A Food Recovery Service collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records specified by 14 CCR Section 18991.5(a)(1).

(b) A Food Recovery Organization collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records as specified by 14 CCR Section 18991.5(a)(2).

(c) A Food Recovery Service or Food Recovery Organization that has its primary address physically located in the City and contracts with or has written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report annually, by April 1, to the Enforcement Agency the total pounds of Edible Food recovered in the previous calendar year from any Tier One and Tier Two Commercial Edible Food Generator with which the Food Recovery Organization or Food Recovery Service had established a contract or written agreement pursuant to 14 CCR Section 18991.3(b), on forms provided by the Enforcement Agency.

(d) A Food Recovery Service or Food Recovery Organization operating in the City shall provide information and consultation to the City, upon the City’s request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days.

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) A City representative and/or designee is authorized to conduct an Inspection and investigation, at random or otherwise, to confirm compliance with this article by any Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, and Food Recovery Organization, subject to applicable laws.

(1) The City shall seek consent for an Inspection or investigation from the Person, property owner, facility owner, manager, or other individual at the premises who has, claims to have, or appears to have the
authority to grant consent to an Inspection.

(2) A consenting Person, facility, or regulated entity shall provide or arrange for access during an Inspection and shall cooperate with the City’s representative or its designee during such Inspection or
investigation.

(3) This section does not allow entry inside a private residence for Inspection.

(4) The scope of an Inspection or investigation may include confirmation of proper placement of materials in containers; evaluation of Edible Food Recovery activities; review of written agreements and records;
examination of collection vehicle loads; assessment of materials collected from generators during their transfer or processing, or at the disposal facility; review of Source-Separated materials; or Inspection or
investigation of compliance with any other requirement of this article.

(5) If the Person, facility, or regulated entity does not consent to an Inspection, then the Person, facility, or regulated entity shall be rebuttably presumed not to be in compliance with the requirements of this
article. The Person, facility, or regulated entity can rebut this presumption by proving compliance with this article. Evidence of such compliance may include, for example, confirmation of proper placement of
materials in containers, demonstration of Edible Food Recovery activities, furnishing proof of subscription to Organic Waste services, etc.

(b) Failure to demonstrate compliance with the requirements of this article and/or failure to rebut the presumption of noncompliance may result in penalties described in Section 66.07 of this Code.

(c) Any records obtained by the City during its Inspection or investigation shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.

(Added by Ord. No. 187,711, Eff. 1/18/23.)

(a) Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and/or Enforcement Action.

(b) Enforcement pursuant to this article may be undertaken by the Director or designee.

(c) The Person, facility, or regulated entity issued a notice of violation shall comply by the compliance date on the notice of violation, or within 60 calendar days, whichever is earlier.

(d) Absent timely compliance with the deadline set forth in the notice of violation or 60 calendar days, whichever is earlier, by the Person, facility, or regulated entity subject to enforcement, the City shall commence an action to impose civil penalties in accordance with Subsection (e).

(e) Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Commercial Establishment (including a Multi-family Dwelling), property owner, Commercial Edible Food Generator, hauler, Self- Hauler, Food Recovery Service, or Food Recovery Organization is not in compliance with the requirements in this article, the City shall document the noncompliance or violation, issue a notice of violation, and take Enforcement Action as detailed in this section.

(1) Violations of Sections 66.03(a), 66.03(f), 66.03(i), 66.04, 66.05, 66.32.1(c), 66.32.1(e), and 66.32.1(f)(1) of this Code shall be subject to penalties as enumerated in Subdivision (2).

(2) The penalties are as follows:

(A) For a first violation, the penalty shall be $50.

(B) For a second violation, the penalty shall be $100.

(C) For a third or subsequent violation, the penalty shall be $250 per violation.

(f) The City may extend the compliance deadlines set forth in the notice of violation if it finds extenuating circumstances beyond the control of the Person, facility, or regulated entity subject to the notice of violation making timely compliance impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; or

(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity while the City is under a corrective action plan pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(g) Appeals of Penalty.

(1) If a Person, facility, or regulated entity is issued a penalty pursuant to Subsection (e) and believes that the penalty was issued in error or that the penalty was excessive, the Person, facility, or regulated entity
may appeal by filing, within 30 days of the mailing of the notice of penalty, a written request for a hearing before the Board. If the Board does not receive a written request for a hearing by this deadline, the penalty
shall be deemed final and no administrative relief can be obtained.

(2) If the Person, facility, or regulated entity timely appeals pursuant to the provisions of Subdivision (1) of this subsection, the penalty that is the subject of the appeal shall be stayed pending a hearing before
the Board.

(3) After receipt of a written request for a hearing filed in compliance with Subdivision (1) of this subsection, the Board will agendize the matter as soon as the Board deems practicable. At the Board hearing, the
Board shall hear testimony of the appellant, if offered, a Bureau representative, and others whose testimony it deems relevant. The appellant shall have the burden of proof and may present evidence on the
appellant’s behalf. Upon conclusion of the hearing, the Board shall issue a verbal or written decision. The Board may affirm the penalty or cancel it. If the Board affirms the penalty, the amount affirmed shall be
owed thirty (30) days after issuance of the Board’s decision, unless the Board decides otherwise. Once the Board issues a decision, the matter is final, and the City will provide no further administrative relief.

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 168,508, Eff. 2/6/93.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

(a) No person shall permit any vehicle hauling or used for hauling or carrying any solid waste or other nauseous or offensive substance to remain in or upon any street longer than is necessary for loading and hauling such substance to its destination or permit any such vehicle to be in a filthy or offensive condition, or to remain uncovered when in transit upon streets or near public places.

(b) No person shall remove or convey any solid waste or other nauseous or offensive substance along any street, except in watertight vessels, receptacles or carriers.

(Amended by Ord. No. 182,986, Eff. 5/28/14.)

No person removing or conveying any solid waste shall fail, refuse or neglect to replace immediately in any container any solid waste that shall have fallen therefrom, in or upon any street or in or upon any premises.

(Amended by Ord. No. 186,366, Eff. 10/31/19.)

(a) No person shall deposit or cause to be deposited any solid waste of any kind whatsoever upon or in any street, or upon any premises in this City, or in the Los Angeles River.

(b) Any person whose identifying information is found in or who is otherwise responsible for the deposit of solid waste of any kind whatsoever, upon or in any street, shall be responsible for depositing it on the public right-of-way.

(c) Any violation of this article may be punishable as a criminal offense under Section 11.00 of this Code or by the issuance of an Administrative Citation. Administrative Citations shall be assessed the following fines:

1. An administrative fine of $500 for a first violation;

2. An administrative fine of $750 for a second violation; and

3. An administrative fine of $1,000 for a third violation and $1,000 for each subsequent violation.

(d) In addition to any fine or penalty imposed, whenever any person deposits or causes to be deposited any solid waste in violation of this article and the deposit results in a violation of any state or federal laws or regulations or damages public property, the deposit shall be deemed a public nuisance, and the person having deposited or caused to be deposited the solid waste shall be liable to the City for reasonable costs necessary to correct that nuisance, detriment, or adverse effect, including, but not limited to, labor, material, inspection, transportation, overhead, and incidental expenses associated with the corrective action and the clean-up of the solid waste and its effects.

In addition to the City’s right to recover all costs associated with the corrective action and the clean-up of the pollutant and its effects, the City also shall recover the City’s costs for administering any contract and supervising the work required if the City does not perform the cleanup directly. These administration costs shall equal 40 percent of the cost to perform the actual work, but not less than the sum of $100.

All costs incurred pursuant to this section shall be a personal obligation against the discharger and any owner of any property that is the source of any discharge, and are recoverable by the City in an action before any court of competent jurisdiction. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

(Repealed by Ord. No. 182,986, Eff. 5/28/14.)

(Amended by Ord. No. 182,986, Eff. 5/28/14.)

The collection of solid waste not prepared and placed for collection in accordance with the rules and regulations adopted by the Board may be rejected by the City.

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

No person, other than the owner thereof, the owner’s agents or employees, or an officer or employee of this City or any person holding a contract with this City for the collection, management and/or disposal of solid waste, shall tamper with or remove any solid waste, solid waste container or the contents thereof from any location where the same had been placed by the owner thereof or the owner’s agent, whether or not such container conforms to requirements or description set forth in the rules and regulations of the Board.

(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)

No employee of this City shall remove or dispose of, for said employee’s individual use or benefit, any of the contents of any container used for the collection, removal or disposal of solid waste.

(Amended by Ord. No. 182,986, Eff. 5/28/14.)

Nothing contained in this Article shall be deemed to conflict with any section of this Code regulating the collection, removal or disposal of solid waste, but any such sections of this Code and any law shall each be so construed as to give effect to every provision thereof and each shall be deemed to be independent of the other.

(Added by Ord. No. 127,508 Eff. 6/29/64.)

(a) All areas of container salvage yards used for the purpose of cleaning used containers shall be paved with concrete or other similarly impervious, easily cleaned paving material. Areas where liquid cleaning processes are employed shall be sloped to drains. Drainage facilities shall be constructed and maintained in accordance with the Indus- trial Waste Permit regulations as set forth in this chapter.

(b) Used containers in which there is food residue or other such material which may attract rodents or insects shall not be stored in any used container salvage yard for longer than twenty-four (24) hours unless such container has been thoroughly cleaned and drained so as to remove all such used containers and stored in a fully enclosed rodent and fly-proof structure or storage facility.

(c) “Used Container” shall mean used tin cans, boxes, crates, barrels, drums, cartons, bottles or any other container which contains or may contain rodent or insect attracting material.

(d) “Used Container Salvage Yard” shall mean any establishment, lot, yard, place or area where used containers are repaired, processed, cleaned, bought, sold or stored or otherwise salvaged for further use, including the sale of usable containers to a container salvage yard resulting from salvage operations conducted at refuse dumps. Provided, however, that salvage container yard shall not include any disposal business or premises where containers are permanently disposed of, such as refuse dumps, or businesses or premises where containers are converted into scrap and not salvaged for use.

PRIVATE SOLID WASTE HAULERS AND RECYCLERS